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Opinions March 3, 2011

March 3, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Association of Beverage Retailers, Inc. v. Indiana Alcohol and Tobacco Commission, et al.
49A02-1002-PL-125
Civil plenary. Affirms denial of the Indiana Association of Beverage Retailers’ motion for a preliminary injunction against the Indiana Alcohol and Tobacco Commission to enjoin the commission from issuing new beer dealer’s permits in locations in which the statutory limits on the number of beer dealer’s permits have been met or exceeded. The Commission’s interpretation of 7.1-3 is reasonable and doesn’t violate Title 7.1. The IABR also failed to show its members are likely to suffer irreparable harm if no injunction is issued.

Eddie M. Taylor v. State of Indiana

20A03-1003-CR-256
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in cocaine. Taylor’s decision to proceed pro se was knowingly, intelligently, and voluntarily made and he was not denied the right to counsel, as he was appointed counsel the day before his trial was scheduled to begin.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. Reverses denial of the state’s motion to use pretrial statements of witnesses who had been excluded. Remands with instructions that the trial court hear the state’s evidence and make a determination as to whether LeFlore’s conduct rendered the witnesses unavailable for cross-examination and thus, whether LeFlore forfeited his right to confrontation.

J.L. v. State of Indiana (NFP)
49A02-1006-JV-791
Juvenile. Affirms restitution order following adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

C.H. v. State of Indiana (NFP)
49A02-1008-JV-912
Juvenile. Affirms adjudication as a delinquent child for committing acts that would be battery, criminal recklessness, and dangerous possession of a firearm if committed by an adult. Affirms order committing C.H. to the Department of Correction.

Term. of Parent-Child Rel. of A.C.; J.C. v. Tippecanoe County DCS (NFP)
79A04-1007-JT-495
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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